Narragansett Alcohol Offense Dismissed

In September of 2010, our Client was charged by the Narragansett Police Department with transportation of alcohol by a minor in violation of R.I.G.L. 3-8-9.  Transportation of alcohol by a minor is defined as, "any person who has not reached his or her twenty-first (21st) birthday and who operates a motor vehicle upon the public highways, except when accompanied by a parent, legal guardian, or another adult who is over the age of twenty-one (21) years and related, whether by blood, adoption or marriage, to the operator within the following degree of sanguinity: brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, great uncle or great aunt and, knowingly having liquor or intoxicating beverages in any form in containers, opened or unopened, in any part of the vehicle shall be guilty of a criminal violation. The words liquor and intoxicating beverages, as used in this section, have the same meaning as defined in chapter 1 of this title. This section does not apply to persons between the ages of sixteen (16) and twenty-one (21) who are transporting unopened alcoholic beverages in the course of their employment."

If a person charged with transportation of alcohol by a minor is convicted, the penalties include:

 (1) For a first offense, a fine of not more than two hundred fifty dollars ($250) and have his or her license to operate a motor vehicle suspended for not more than thirty (30) days;

   (2) For a second offense, a fine of not more than five hundred dollars ($500) and have his or her license to operate a motor vehicle suspended for not more than ninety (90) days;

   (3) For a third or subsequent offense, a fine of no less than five hundred dollars ($500) nor more than nine hundred and fifty dollars ($950) and have his or her license to operate a motor vehicle suspended for one year.

The incident which gave rise to the charge against our Client was an unlawful stop by the Narragansett Police.  The Narragansett Police Officer observed an individual exiting a liquor store with alcohol.  That individual then got into our Client's car and our Client drove away.  The Narragansett Police observed our Client and believed him to be younger than twenty-one (21) years old.  The Narragansett Police then followed the vehicle and initiated a traffic stop without observing any evidence of a motor vehicle violation, erratic driving or criminal activity.  The purchaser of the beer was twenty-one (21) years old.

In October of 2010 the alcohol offense against our Client was dismissed based on our argument that the Narragansett Police did not have probable cause to stop our Client's vehicle.